Free Answer to Complaint - District Court of California - California

Case 4:07-cv-03255-SBA

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1 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 2 STEPHEN S. WALTERS (BAR NO. 54746) MAKESHA A. PATTERSON (BAR NO. 238250) 3 Three Embarcadero Center, 12th Floor San Francisco, CA 94111-4074 4 Phone: (415) 837-1515 Fax: (415) 837-1516 5 E-Mail: [email protected] [email protected] 6 Attorneys for Defendant 7 KNICKERBOCKER PROPERTIES, INC. XXXVIII 8 9 10 11 12 National Fair Housing Alliance, Inc.; Fair Housing of Marin, Inc.; Fair Housing Napa 13 Valley, Inc.; Metro Fair Housing Services, Inc.; and Fair Housing Continuum, Inc., 14 Plaintiffs, 15 v. 16 A.G. Spanos Corporation, Inc.; A.G. Spanos 17 Development, Inc.; A.G. Spanos Land Company, Inc.; A.G. Spanos Management, Inc.; 18 The Spanos Corporation; and 19 Knickerbocker Properties, Inc. XXXVIII; and Highpointe Village, L.P., Individually and as 20 Representatives of a Class of All Others Similarly Situated, 21 Defendants. 22 23 24 25 26 27 28
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Case No. C07-03255-SBA KNICKERBOCKER PROPERTIES, INC. XXXVIII'S ANSWER TO PLAINTIFFS' COMPLAINT Amended Complaint Filed: October 12, 2007

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Allen Matkins Leck Gamble Mallory & Natsis LLP

KNICKERBOCKER PROPERTIES, INC. XXXVIII'S ANSWER

Case 4:07-cv-03255-SBA

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Defendant Knickerbocker Properties, Inc. XXXVIII ("Knickerbocker") answers the First

2 Amended Complaint of Plaintiffs National Fair Housing Alliance, Inc., Fair Housing of Marin, 3 Inc., Fair Housing Napa Valley, Inc., Metro Fair Housing Services, Inc., and Fair Housing 4 Continuum, Inc. (collectively "Plaintiffs"), as follows: 5 6 PRELIMINARY STATEMENT 1. Knickerbocker admits that the first and second sentences of Paragraph 1 describe the

7 parties against whom the Amended Complaint is brought, but lacks information sufficient to form 8 a belief as to the truth of the remaining allegations of Paragraph 1, and denies them on that basis. 9 Knickerbocker denies the third sentence of Paragraph 1. 10 2. Knickerbocker lacks information sufficient to form a belief as to the truth of the

11 allegations of Paragraph 2 and denies them on that basis. 12 3. Knickerbocker lacks information sufficient to form a belief as to the truth of the

13 allegations of Paragraph 3 and denies them on that basis. 14 4. Knickerbocker admits that Paragraph 4 describes Plaintiffs' allegations, but lacks

15 information sufficient to form a belief as to the truth of the allegations of Paragraph 4 and denies 16 them on that basis. 17 5. Knickerbocker lacks information sufficient to form a belief as to the truth of the

18 allegations of Paragraph 5 and denies them on that basis. 19 6. Knickerbocker lacks information sufficient to form a belief as to the truth of the

20 allegations of Paragraph 6 and denies them on that basis. 21 7. Knickerbocker lacks information sufficient to form a belief as to the truth of the

22 allegations of Paragraph 7 and denies them on that basis. 23 8. Knickerbocker lacks information sufficient to form a belief as to the truth of the

24 allegations of Paragraph 8 and denies them on that basis. 25 9. Knickerbocker lacks information sufficient to form a belief as to the truth of the

26 allegations of Paragraph 9 and denies them on that basis. 27 28
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10. Knickerbocker denies the first sentence of Paragraph 10. Knickerbocker lacks

2 information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 10, 3 and denies them on that basis. 4 11. Knickerbocker lacks information sufficient to form a belief as to the truth of the

5 allegations of Paragraph 11 and denies them on that basis. 6 7 8 JURISDICTION AND VENUE 12. Knickerbocker admits the allegations of Paragraph 12. 13. Answering Paragraph 13, Knickerbocker admits that it owns at least one property in

9 the Northern District of California, but denies that it resides in the Northern District. 10 Knickerbocker lacks information sufficient to form a belief as to the truth of the remaining 11 allegations of Paragraph 13 and denies them on that basis. 12 14. Answering Paragraph 14, Knickerbocker admits that assignment of this case to San

13 Francisco is proper. Knickerbocker lacks information sufficient to form a belief as to the truth of 14 the allegations of Paragraph 14 and denies them on that basis. 15 16 PARTIES 15. Knickerbocker lacks information sufficient to form a belief as to the truth of the

17 allegations of Paragraph 15 and denies them on that basis. 18 16. Knickerbocker lacks information sufficient to form a belief as to the truth of the

19 allegations of Paragraph 16 and denies them on that basis. 20 17. Knickerbocker lacks information sufficient to form a belief as to the truth of the

21 allegations of Paragraph 17 and denies them on that basis. 22 18. Knickerbocker lacks information sufficient to form a belief as to the truth of the

23 allegations of Paragraph 18 and denies them on that basis. 24 19. Knickerbocker lacks information sufficient to form a belief as to the truth of the

25 allegations of Paragraph 19 and denies them on that basis. 26 20. Knickerbocker admits the first sentence of Paragraph 20. Knickerbocker lacks

27 information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 20 28 and denies them on that basis.
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21. Knickerbocker lacks information sufficient to form a belief as to the truth of the

2 allegations of Paragraph 21 and denies them on that basis. 3 22. Knickerbocker lacks information sufficient to form a belief as to the truth of the

4 allegations of Paragraph 22 and denies them on that basis. 5 23. Knickerbocker lacks information sufficient to form a belief as to the truth of the

6 allegations of Paragraph 23 and denies them on that basis. 7 24. Knickerbocker lacks information sufficient to form a belief as to the truth of the

8 allegations of Paragraph 24 and denies them on that basis. 9 25. Knickerbocker lacks information sufficient to form a belief as to the truth of the

10 allegations of Paragraph 25 and denies them on that basis. 11 26. Knickerbocker lacks information sufficient to form a belief as to the truth of the

12 allegations of Paragraph 26 and denies them on that basis. 13 27. Knickerbocker lacks information sufficient to form a belief as to the truth of the

14 allegations of Paragraph 27 and denies them on that basis. 15 28. Knickerbocker lacks information sufficient to form a belief as to the truth of the

16 allegations of Paragraph 28 and denies them on that basis. 17 29. Knickerbocker lacks information sufficient to form a belief as to the truth of the

18 allegations of Paragraph 29 and denies them on that basis. 19 30. Answering Paragraph 30, Knickerbocker admits that the first sentence of Paragraph 30

20 describes the relief sought by Plaintiffs, and that one or more of the A.G. Spanos Defendants 21 designed and constructed the two properties named in the Amended Complaint that are now 22 owned by Knickerbocker. Knickerbocker lacks information sufficient to form a belief as to the 23 truth of the remaining allegations of Paragraph 30 and denies them on that basis. 24 25 31. Knickerbocker denies the allegations of Paragraph 31. 32. Knickerbocker admits that it and Highpointe Village, L.P. have been named

26 individually and as representatives of a putative class of defendants, but denies that certification of 27 such a class is proper in the circumstances of this case. 28
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33. Knickerbocker admits the first, third, and fourth sentences of Paragraph 33.

2 Knickerbocker denies the second sentence of Paragraph 33, and alleges that Knickerbocker is a 3 corporation owned by the New York State Teachers' Retirement System. 4 34. Knickerbocker lacks information sufficient to form a belief as to the truth of the

5 allegations of Paragraph 34 and denies them on that basis. 6 35. Knickerbocker denies the first sentence of Paragraph 35. Knickerbocker lacks

7 information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 35 8 and denies them on that basis. 9 10 11 12 36. Knickerbocker denies the allegations of Paragraph 36. 37. Knickerbocker denies the allegations of Paragraph 37. STATUTORY AND REGULATORY FRAMEWORK 38. Knickerbocker admits that Plaintiffs have purported to paraphrase portions of the FHA,

13 and alleges that the terms of that statute speak for themselves. 14 15 16 39. Knickerbocker admits the allegations of Paragraph 39. FACTUAL AND LEGAL BACKGROUND 40. Knickerbocker lacks information sufficient to form a belief as to the truth of the

17 allegations of Paragraph 40 and denies them on that basis. 18 41. Knickerbocker lacks information sufficient to form a belief as to the truth of the

19 allegations of Paragraph 41 and denies them on that basis. 20 42. Knickerbocker lacks information sufficient to form a belief as to the truth of the

21 allegations of Paragraph 42 and denies them on that basis. 22 43. Knickerbocker lacks information sufficient to form a belief as to the truth of the

23 allegations of Paragraph 43 and denies them on that basis. 24 44. Knickerbocker admits the allegations of Paragraph 44 as to the two properties named in

25 the Amended Complaint that Knickerbocker owns. Knickerbocker lacks information sufficient to 26 form a belief as to the truth of the remaining allegations of Paragraph 44 and denies them on that 27 basis. 28
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45. Knickerbocker lacks information sufficient to form a belief as to the truth of the

2 allegations of Paragraph 45 and denies them on that basis. 3 46. Knickerbocker lacks information sufficient to form a belief as to the truth of the

4 allegations of Paragraph 46 and denies them on that basis. 5 47. Knickerbocker lacks information sufficient to form a belief as to the truth of the

6 allegations of Paragraph 47 and denies them on that basis. 7 48. Knickerbocker lacks information sufficient to form a belief as to the truth of the

8 allegations of Paragraph 48 and denies them on that basis. 9 49. Knickerbocker lacks information sufficient to form a belief as to the truth of the

10 allegations of Paragraph 49 and denies them on that basis. 11 50. Knickerbocker lacks information sufficient to form a belief as to the truth of the

12 allegations of Paragraph 50 and denies them on that basis. 13 51. Knickerbocker admits that both The Commons and Mountain Shadows were built in

14 2002. Knickerbocker lacks information sufficient to form a belief as to the truth of the remaining 15 allegations of Paragraph 51 and denies them on that basis. 16 52. Knickerbocker admits that Mountain Shadows was built in 2002, not 2003.

17 Knickerbocker lacks information sufficient to form a belief as to the truth of the remaining 18 allegations of Paragraph 52 and denies them on that basis. 19 53. Knickerbocker lacks information sufficient to form a belief as to the truth of the

20 allegations of Paragraph 53 and denies them on that basis. 21 54. Knickerbocker lacks information sufficient to form a belief as to the truth of the

22 allegations of Paragraph 54 and denies them on that basis. 23 55. Knickerbocker admits the first sentence of paragraph 55. Knickerbocker lacks

24 information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 55 25 and denies them on that basis. 26 56. Knickerbocker lacks information sufficient to form a belief as to the truth of the

27 allegations of Paragraph 56 and denies them on that basis. 28
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57. Knickerbocker lacks information sufficient to form a belief as to the truth of the

2 allegations of Paragraph 57 and denies them on that basis. 3 58. Knickerbocker lacks information sufficient to form a belief as to the truth of the

4 allegations of Paragraph 58 and denies them on that basis. 5 59. Knickerbocker lacks information sufficient to form a belief as to the truth of the

6 allegations of Paragraph 59 and denies them on that basis. 7 60. Knickerbocker lacks information sufficient to form a belief as to the truth of the

8 allegations of Paragraph 60 and denies them on that basis. 9 61. Knickerbocker lacks information sufficient to form a belief as to the truth of the

10 allegations of Paragraph 61 and denies them on that basis. 11 62. Knickerbocker lacks information sufficient to form a belief as to the truth of the

12 allegations of Paragraph 62 and denies them on that basis. 13 63. Knickerbocker lacks information sufficient to form a belief as to the truth of the

14 allegations of Paragraph 63 and denies them on that basis. 15 64. Knickerbocker admits the first sentence of Paragraph 64 and that The Commons was

16 completed in 2002, not 2003. Knickerbocker lacks information sufficient to form a belief as to the 17 truth of the remaining allegations of Paragraph 64 and denies them on that basis. 18 65. Knickerbocker lacks information sufficient to form a belief as to the truth of the

19 allegations of Paragraph 65 and denies them on that basis. 20 66. Knickerbocker lacks information sufficient to form a belief as to the truth of the

21 allegations of Paragraph 66 and denies them on that basis. 22 67. Knickerbocker lacks information sufficient to form a belief as to the truth of the

23 allegations of Paragraph 67 and denies them on that basis. 24 68. Knickerbocker lacks information sufficient to form a belief as to the truth of the

25 allegations of Paragraph 68 and denies them on that basis. 26 69. Knickerbocker lacks information sufficient to form a belief as to the truth of the

27 allegations of Paragraph 69 and denies them on that basis. 28
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70. Knickerbocker lacks information sufficient to form a belief as to the truth of the

2 allegations of Paragraph 70 and denies them on that basis. 3 71. Knickerbocker lacks information sufficient to form a belief as to the truth of the

4 allegations of Paragraph 71 and denies them on that basis. 5 6 INJURY TO PLAINTIFFS 72. Knickerbocker lacks information sufficient to form a belief as to the truth of the

7 allegations of Paragraph 72 and denies them on that basis. 8 73. Knickerbocker lacks information sufficient to form a belief as to the truth of the

9 allegations of Paragraph 73 and denies them on that basis. 10 74. Knickerbocker lacks information sufficient to form a belief as to the truth of the

11 allegations of Paragraph 74 and denies them on that basis. 12 75. Knickerbocker lacks information sufficient to form a belief as to the truth of the

13 allegations of Paragraph 75 and denies them on that basis. 14 76. Knickerbocker lacks information sufficient to form a belief as to the truth of the

15 allegations of Paragraph 76 and denies them on that basis. 16 77. Knickerbocker lacks information sufficient to form a belief as to the truth of the

17 allegations of Paragraph 77 and denies them on that basis. 18 78. Knickerbocker lacks information sufficient to form a belief as to the truth of the

19 allegations of Paragraph 78 and denies them on that basis. 20 21 LEGAL CLAIMS 79. Knickerbocker incorporates each and every response to paragraphs 1 through 78 as the

22 response to paragraph 79. 23 80. Knickerbocker lacks information sufficient to form a belief as to the truth of the

24 allegations of Paragraph 80 and denies them on that basis. 25 81. Knickerbocker admits Paragraph 81 as to the two properties named in the Amended

26 Complaint that are owned by Knickerbocker. Knickerbocker lacks information sufficient to form 27 a belief as to the truth of the remaining allegations of Paragraph 81 and denies them on that basis. 28
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82. Knickerbocker lacks information sufficient to form a belief as to the truth of the

2 allegations of Paragraph 82 and denies them on that basis. 3 83. Knickerbocker lacks information sufficient to form a belief as to the truth of the

4 allegations of Paragraph 83 and denies them on that basis. 5 84. Knickerbocker lacks information sufficient to form a belief as to the truth of the

6 allegations of Paragraph 84 and denies them on that basis. 7 85. Knickerbocker lacks information sufficient to form a belief as to the truth of the

8 allegations of Paragraph 85 and denies them on that basis. 9 10 JURY TRIAL DEMAND Knickerbocker denies that Plaintiffs are entitled to a jury trial with respect to the equitable

11 relief which they seek against Knickerbocker or any other owner defendant. 12 13 14 15 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim) The Amended Complaint, and each claim for relief against Knickerbocker, fails to state a

16 claim against Knickerbocker upon which relief may be granted. 17 18 19 SECOND AFFIRMATIVE DEFENSE (Laches) The Amended Complaint, and each claim for relief against Knickerbocker, is barred by the

20 equitable doctrine of laches because of the unreasonable and prejudicial delay by Plaintiffs in 21 filing this action. 22 23 24 THIRD AFFIRMATIVE DEFENSE (Estoppel) The Amended Complaint, and each claim for relief against Knickerbocker, is barred, in

25 whole or in part, by the doctrine of estoppel. 26 27 28
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FOURTH AFFIRMATIVE DEFENSE (Statute of Limitations) The Amended Complaint, and each claim for relief against Knickerbocker, is barred by

4 applicable statutes of limitation. 5 6 7 8 9 10 FIFTH AFFIRMATIVE DEFENSE (Lack of Standing) Plaintiffs lack standing to seek relief against Knickerbocker. SIXTH AFFIRMATIVE DEFENSE (Class Action) Under Rule 19 of the Federal Rules of Civil Procedure, joinder of an absent party whose

11 presence is required to effectuate complete relief is allowed only if the absent party is subject to 12 the Court's personal jurisdiction. Plaintiffs may not use the device of a defendant class action to 13 circumvent Rule 19. 14 15 16 SEVENTH AFFIRMATIVE DEFENSE (Burdensome Relief) The relief sought against Knickerbocker is broader and more burdensome than necessary to

17 provide relief to Plaintiffs. 18 19 20 EIGHTH AFFIRMATIVE DEFENSE (Reliance upon Co-Defendants' Defenses) Knickerbocker intends to rely and hereby alleges any defense asserted by the other named

21 Defendants, or upon the defenses hereafter asserted by any other presently unnamed Defendant 22 who later asserts defenses in this action. 23 24 25 26 WHEREFORE, Knickerbocker prays for judgment and relief as follows: 1. That the Court deny certification of the putative class sought by Plaintiffs; 2. That Plaintiffs take nothing by reason of their Amended Complaint as to

27 Knickerbocker; 28
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3. That judgment be entered against Plaintiffs as to Knickerbocker;
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4. That Knickerbocker be awarded its attorneys' fees, costs of suit, and litigation

2 expenses; and 3 4 5 Dated: May 20, 2008 6 By: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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5. For such further relief as the Court deems just and proper.

ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP /s/ Stephen S. Walters STEPHEN S. WALTERS MAKESHA A. PATTERSON Attorneys for Defendant Knickerbocker Properties, Inc. XXXVIII

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